Yep.
FMLA doesn’t just protect the time off, but the arrival back to work. You do need the physician to document that there will be restrictions on job functions. This can be done retroactively as I learned.
Reddit fucked that up badly
Comment on Reddit Taken To SF Court for Firing Worker With Anxiety: Lawsuit
foggy@lemmy.world 1 year ago
Lol that’s like the only time you can’t fire someone in the US, is after unpaid FMLA sick leave.
peopleproblems@lemmy.world 1 year ago
Zeshade@lemmy.world 1 year ago
Would they have been better off firing the employee (on their return to work) without providing any reason?
krayj@sh.itjust.works 1 year ago
Would they be able to convince a jury that the firing had nothing to do with the medical leave? I doubt it. The lawsuit still would have happened.
peopleproblems@lemmy.world 1 year ago
No. While at will employment protects an employer against most forms of wrongful termination, FMLA, from my understanding, superscedes it.
I am not a lawyer so I’m not certain.
However, after your work restriction period ends, then your employer can fire you.
LaunchesKayaks@lemmy.world 1 year ago
My work has a client who has an employee that can’t be fired because he is disabled and on permanent intermittent FMLA. Dude has so much porn on his work computer and nobody can do anything about it.
fubo@lemmy.world 1 year ago
Or in retaliation for reporting sexual harassment, or for whistleblowing to OSHA (but not “whistleblowing” on your blog), or for getting pregnant, …
giantofthenorth@lemm.ee 1 year ago
Don’t forget for trying to form a union too!